Deceased Estate, Probate & Administration

The death of a family member can be traumatic in the extreme. It is our aim to make any necessary legal processes arising out of a death as easy on the family as possible. We are concerned for the well-being of the survivors and take time to ensure the legal burden of dealing with an estate is handled with in a caring and efficient way.

~ Ross Whitelaw, Partner

The death of someone you care about is a traumatic and stressful time. Bereavement is enough to deal with without having to organise the deceased person’s legal and financial affairs.

Whitelaw McDonald regularly administer Estate matters and our lawyers are experienced in applying for and obtaining Grants of Probate from the Supreme Court of New South Wales (and other States and Territories where required) when the deceased person had a valid Will, or alternatively, Letters of Administration when a person dies without a valid Will.

Occasionally there are more complex applications, and in such cases we have the expertise necessary to deal with these.

We assist Executors and Administrators in proving the validity of a Will or establishing the entitlement of a beneficiary in an intestate estate by drafting and filing all necessary documents with the Supreme Court, holding the assets, selling or disposing assets, paying debts, arranging distributions amongst the beneficiaries and transferring Estate property. We understand this is a very difficult time for families and with our caring manner and attention to detail, we aim to make this process as smooth and as simple as possible.

Of course, there are often simpler situations not requiring an application to the Supreme Court. In such circumstances, we assist in dealing with assets of a deceased to wind up an estate.

Sometimes, a Will can be challenged, At Whitelaw McDonald, we have successfully challenged unfair Wills where a person may have been left out of or not treated fairly by a Will. We have also successfully defended Wills from challenge on behalf of clients.

Contact either of our office to discuss any Estate Administration queries or make an appointment today by contacting our offices on (02) 4941 8999 (Newcastle) or (02) 4367 2600 (Erina).